Finding a substitute

[GlenW]

I thought you wanted out?
If the substitution clause is pukka, and they aren't even willing to entertain the idea, then I would imagine that they are violating the terms of the contract and you're free to walk without working your notice period.

Surely the contractor has a contract with an Agency that includes a substitution clause, this doesn't mean the Agency has a contract with the Client that includes a substitution clause.

[SpontaneousOrder]

Surely the contractor has a contract with an Agency that includes a substitution clause, this doesn't mean the Agency has a contract with the Client that includes a substitution clause.

The contract is between contractorCo and agency, so who cares what contract exists between agency and clientCo? I either have an unfettered right to substitute, or I don't.

[GlenW]

The contract is between contractorCo and agency, so who cares what contract exists between agency and clientCo? I either have an unfettered right to substitute, or I don't.

The contract between the Agency and the Client is what would govern whether the Client had to accept a substitute. If there is nothing in that contract saying substitues are possible, the client can just tell you to get stuffed.

[psychocandy]

Never done. Can't see it ever happening.

Most of my clients would look at you stupid if you said someone else can come in instead. At the end of the day, technically the sub might be as good as you but if you've been workin with client for even a few weeks theres the little bit of local knowledge that you'll have picked up.

Client wont want to go through all that again. Neither will they want to get swipe badges/logins sorted again.

[SueEllen]

Never done. Can't see it ever happening.

Most of my clients would look at you stupid if you said someone else can come in instead. At the end of the day, technically the sub might be as good as you but if you've been workin with client for even a few weeks theres the little bit of local knowledge that you'll have picked up.

Client wont want to go through all that again. Neither will they want to get swipe badges/logins sorted again.

.
Not all clients have swipe badges and take weeks/months to sort out logins

Plus clients are generally OK if your substitute was someone who they got on with who recently left or a part-timer.

[SpontaneousOrder]

The contract between the Agency and the Client is what would govern whether the Client had to accept a substitute. If there is nothing in that contract saying substitues are possible, the client can just tell you to get stuffed.

I'm not talking from any kind of authority on the topic... but - the client can tell me to get stuffed, but presumably? then I would not be breaking my contract by walking; I'm keeping to the terms of my contract and it's the agency that is failing to meet their own obligations.

[psychocandy]

.
Not all clients have swipe badges and take weeks/months to sort out logins

Plus clients are generally OK if your substitute was someone who they got on with who recently left or a part-timer.

Agreed that if they know the person they might not mind so much

[psychocandy]

Current gig I remarked to the agent that glad sub clause was in the contract. He seemed shocked and said what do I mean - I said it gives me the right to send in a substitute instead of myself.

Really he said - client is never going to go for that. I did point out it was in the contract though.

Clueless agents again..... Onece more all the agent on the ground is concerned with is sales and getting someone in the door. They dont give a toss about anything else like contracts. As this agent displayed this time.

[GlenW]

I'm not talking from any kind of authority on the topic... but - the client can tell me to get stuffed, but presumably? then I would not be breaking my contract by walking; I'm keeping to the terms of my contract and it's the agency that is failing to meet their own obligations.

Sorry, I meant that the client would be within their rights to refuse to let you send a substitute. Yes, it is the Agency's responsibility to ensure that their contract with Client enables substitues to be used.

[northernladuk]

Current gig I remarked to the agent that glad sub clause was in the contract. He seemed shocked and said what do I mean - I said it gives me the right to send in a substitute instead of myself.

Really he said - client is never going to go for that. I did point out it was in the contract though.

Clueless agents again..... Onece more all the agent on the ground is concerned with is sales and getting someone in the door. They dont give a toss about anything else like contracts. As this agent displayed this time.

So I presume you consider yourself inside IR35 then?